TLI4801
ASSIGNMENT 2 2025
DUE 17 SEPT 2025
,TLI4801 ASSIGNMENT 2 2025
DUE: 17 SEPTEMBER 2025
UNIQUE CODE: 642721
Answer the following questions using proper references in footnotes. Your entire
assignment answer (questions 1 (a)-(c)) must not exceed 15 pages.
1. You are an attorney appearing for Maks Diesel who is charged in the Pretoria
Magistrates’ Court with the offence of assault with the intention to do grievous
bodily harm. Your instructions from your client are that he wants to plead not guilty
to the charge.
(a) Draft his statement that will make up his plea. You must include all
headings and conclusions. Make use of your own facts and any information you may
deem necessary for the statement to be accepted by the court.
IN THE MAGISTRATES’ COURT FOR GAUTENG
HELD AT PRETORIA
Case No: 2025/RTC/0891
In the matter between:
THE STATE PLAINTIFF
and
MAX DIESEL DEFENDANT
1(a) DEFENDANT’S PLEA IN TERMS OF SECTION 115 CPA
1.1 Personal particulars
1.1.1 I, Max Diesel, identity number 860724 5123 08 9, am the accused in this matter.
1.1.2 My permanent residential address is 17 Gardenia Avenue, Silverton, Pretoria.
, 1.2 Charge and plea
1.2.1 I have been charged with assault with intent to do grievous bodily harm, contrary to
section 1 of the Criminal Law Amendment Act 1 of 1988 read with section 18 of the Criminal
Law Amendment Act 51 of 1977 (“assault GBH”).
1.2.2 I confirm that I understand the nature of the charge and the potential consequences of
a conviction.
1.2.3 I plead not guilty to the charge.
1.3 Brief statement of facts
1.3.1 On 15 June 2025, at approximately 18h30, I was closing my workshop at 81 Industrial
Road, Pretoria North, after repairing hydraulic pumps for Hout Bay Mining (Pty) Ltd.
1.3.2 Mr. Jacob Reed, an employee of Hout Bay Mining, arrived unannounced and accused
me of overcharging. A heated verbal exchange followed.
1.3.3 Mr. Reed advanced towards me in an aggressive manner, raising a clenched fist and
shouting threats that he would “teach me a lesson”. Fearing for my safety, I raised my left
arm defensively.
1.3.4 During the scuffle, I struck Mr. ReedOnce on the left shoulder with an open hand. I
never intended to inflict serious injury.
1.3.5 Mr. Reed fell back, sustaining a superficial laceration to his upper arm. Medical
reports show no lasting harm.³
1.4 Defensive plea
1.4.1 I acted in private defence of my person, believing on reasonable grounds that I was in
imminent danger of unlawful assault.
1.4.2 My response was strictly necessary and proportionate to avert the threatened attack.
1.5 Conclusion and prayer
Wherefore I pray that:
The charges against me be dismissed, alternatively
I be acquitted of assault GBH on grounds of private defence.
DATED at PRETORIA on this 20th day of AUGUST 2025
Max Diesel (Accused)
ASSIGNMENT 2 2025
DUE 17 SEPT 2025
,TLI4801 ASSIGNMENT 2 2025
DUE: 17 SEPTEMBER 2025
UNIQUE CODE: 642721
Answer the following questions using proper references in footnotes. Your entire
assignment answer (questions 1 (a)-(c)) must not exceed 15 pages.
1. You are an attorney appearing for Maks Diesel who is charged in the Pretoria
Magistrates’ Court with the offence of assault with the intention to do grievous
bodily harm. Your instructions from your client are that he wants to plead not guilty
to the charge.
(a) Draft his statement that will make up his plea. You must include all
headings and conclusions. Make use of your own facts and any information you may
deem necessary for the statement to be accepted by the court.
IN THE MAGISTRATES’ COURT FOR GAUTENG
HELD AT PRETORIA
Case No: 2025/RTC/0891
In the matter between:
THE STATE PLAINTIFF
and
MAX DIESEL DEFENDANT
1(a) DEFENDANT’S PLEA IN TERMS OF SECTION 115 CPA
1.1 Personal particulars
1.1.1 I, Max Diesel, identity number 860724 5123 08 9, am the accused in this matter.
1.1.2 My permanent residential address is 17 Gardenia Avenue, Silverton, Pretoria.
, 1.2 Charge and plea
1.2.1 I have been charged with assault with intent to do grievous bodily harm, contrary to
section 1 of the Criminal Law Amendment Act 1 of 1988 read with section 18 of the Criminal
Law Amendment Act 51 of 1977 (“assault GBH”).
1.2.2 I confirm that I understand the nature of the charge and the potential consequences of
a conviction.
1.2.3 I plead not guilty to the charge.
1.3 Brief statement of facts
1.3.1 On 15 June 2025, at approximately 18h30, I was closing my workshop at 81 Industrial
Road, Pretoria North, after repairing hydraulic pumps for Hout Bay Mining (Pty) Ltd.
1.3.2 Mr. Jacob Reed, an employee of Hout Bay Mining, arrived unannounced and accused
me of overcharging. A heated verbal exchange followed.
1.3.3 Mr. Reed advanced towards me in an aggressive manner, raising a clenched fist and
shouting threats that he would “teach me a lesson”. Fearing for my safety, I raised my left
arm defensively.
1.3.4 During the scuffle, I struck Mr. ReedOnce on the left shoulder with an open hand. I
never intended to inflict serious injury.
1.3.5 Mr. Reed fell back, sustaining a superficial laceration to his upper arm. Medical
reports show no lasting harm.³
1.4 Defensive plea
1.4.1 I acted in private defence of my person, believing on reasonable grounds that I was in
imminent danger of unlawful assault.
1.4.2 My response was strictly necessary and proportionate to avert the threatened attack.
1.5 Conclusion and prayer
Wherefore I pray that:
The charges against me be dismissed, alternatively
I be acquitted of assault GBH on grounds of private defence.
DATED at PRETORIA on this 20th day of AUGUST 2025
Max Diesel (Accused)
